Annexes to COM(2011)284 - Seventh Report on the implementation of Council Regulation 866/2004 and the situation resulting from its application covering the period 1 May until December 2010 - Main contents
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| dossier | COM(2011)284 - Seventh Report on the implementation of Council Regulation 866/2004 and the situation resulting from its application ... |
|---|---|
| document | COM(2011)284  |
| date | May 30, 2011 |
CYPOL's assessment of the entry route of irregular migrants into the government-controlled areas is based on the same criteria as in previous years, primarily through documents (visas, passport entry/exit stamps from Turkey or a "visa" or a "residence permit" of the "Turkish Republic of Northern Cyprus" (“TRNC”) statements made by the immigrants but also other evidence such as no ID documents, Turkish Cypriot newspapers and Turkish bank notes.
617 (59,6%) persons applied for asylum in the Republic of Cyprus. Asylum procedures established during the previous reporting period enabled the shortening of the process from six to three months. No person who crossed to the government-controlled areas during the reporting period has been granted refugee status[7].
Most irregular migrants arrive in government-controlled areas via Turkey and the northern part of Cyprus. CYPOL also reported cases of irregular migrants or irregularly arriving in the Republic of Cyprus on fishing and speedboats disembarking usually in the open coastal regions north of Famagusta.
The Latakia (Syria) – Famagusta ferry ran at irregular intervals, i.e. 14 times between 7 June and 16 September 2010. During this period some 491 persons (vast majority Syrian citizens) used this to reach the northern part of Cyprus. The Republic of Cyprus authorities suspect that a large number of irregular immigrants used this route. The authorities continue to urge the Syrian Government to close the ferry link since the the port of Famagusta has been declared closed by the Government of the Republic of Cyprus.
Precise data are not available for persons sent back from crossing points
No direct co-operation exists on police and immigration between the Republic of Cyprus and the Turkish Cypriot community. However, representatives from the two communities meet within the framework of a bi-communal technical committee on crime and criminal matters under UN auspices, the office of which is located in the buffer zone at the former Nicosia airport. The Technical Committee on Crime and Criminal Mattes is one of seven specialized committees formed as confidence building measures between the two Communities with the support of the UN and is a direct result of an agreement reached between the two Cypriot leaders on 21 May 2008. It is a mechanism for information sharing and joint inititiatives on crime and criminal matters.
CYPOL described co-operation with other relevant governmental departments and the ESBA administration as very good.
Eastern Sovereign Base Area (ESBA)
In general, irregular immigration via the ESBA has decreased during the period. SBA officers continue to describe cooperation between the Republic of Cyprus and SBA Customs and Immigration in this area as excellent. During the reporting period, 953 persons were not allowed to cross, the majority being Turkish citizens who are living in the non government controlled areas. Other foreigners were tourists from Canada, Ukraine, the USA, Australia, Russia, Iran and Jordan who entered via the northern part of Cyprus. These persons were directed to the Nicosia crossing point 'Agios Dometios' to process for Republic of Cyprus entry requirements[8]
A total of 13 irregular immigrants were apprehended within the ESBA[9], of whom eight had entered the government-controlled areas legally but stayed on after their visas had expired. The remaining 5 entered the island in the northern part of Cyprus and crossed the Line irregularly.
Away from the crossing points, the SBA Police conducts irregular, risk-based, intelligence-led patrols to counter irregular migration. These patrols are supplemented by patrols from SBA Customs and military assets.
Several "unauthorised crossing points" in or near the village of Pergamos (located partly in the SBA and partly in the northern part of Cyprus), which are still used by local residents and farmers, are particularly difficult to control. As mentioned in previous Green Line reports, these "unauthorised crossing points" remain an area of concern. This issue needs to be urgently addressed by the SBA in line with the requirements of Article 5 (2) of Protocol No 3 to the 2003 Act of Accession.[10]
CROSSING OF GOODS
Value of trade
Pursuant to Art 8 of the Commission Regulation (EC) 1480/2004[11], the Turkish Cypriot Chamber of Commerce (hereafter: TCCoC) as well as the authorities of the Republic of Cyprus reported on a monthly basis on the type, volume and value of goods for which accompanying documents were issued. Both reports include goods having crossed the government-controlled areas through the crossing points of Pergamos and Strovilia under the authority of the SBA Administration.
According to reports from the Turkish Cypriot Chamber of Commerce (TCCoC), the total value of goods for which accompanying documents were issued in the period amounted to €5,312,798 whereas the value of goods actually traded was €4,503,793.[12]
According to the reports provided by the authorities of the Republic of Cyprus, the total trade value of goods which actually crossed the Line continued to further decrease by 1.5% from €3,920,930 in the previous period to €3,861,834 [13], primarily due to an almost complete fall-out in potato trade. In previous reporting periods since 2007, potatoes were the largest single component of Green Line trade (up to 30% of overall trade). However, due to very wet weather in spring 2010 and the non-availability of certified seed potatoes for the second crop a small consignment of potatoes (€166,320) was traded in November. Accordingly, the potato trade accounted for only 4% of the overall trade volume during this reporting period.
Although not covered by the scope of the GLR, trade from the government-controlled areas to the northern part of Cyprus increased significantly to €728,578 in the reporting period (up from €408,414) during the same period in 2009, according to figures from the Cyprus Chamber of Commerce and Industry. Trade from government-controlled areas to the northern part of Cyprus therefore represents 19% of the trade in the opposite direction (10% in the previous period).
The Turkish Cypriot community continues to apply a trade regime, which, in principle, "mirrors" the restrictions of the GLR. However, this regime is not always consistently applied, making it difficult to establish sustainable trade relations. Protection of local businesses is openly stated by the Turkish Cypriot side as the main reason.
Type of goods
From May 2010 to December 2010 stone articles such as marbles, bricks and stone were the most traded items followed by fresh fish and building materials.[14]
96% of the trade volume across the Line was intra-island trade. The remaining 4% were sold to the United Kingdom in form of metal scrap (copper, aluminium, steel) worth €17,693 and to India in form of steel scrap for a trade value of €123,788. These transactions required the involvement of a company registered in the government-controlled areas for intra-EU transactions and third country export formalities.
Irregularities
During the reporting period, 9 cases of irregularities involving a total trade value of €15,900 were reported by the Republic of Cyprus authorities. The goods concerned were not allowed to cross the Line for various administrative reasons (quantity or nature of goods not according to documents or documents missing).
In two cases, considerable quantities of pesticides were detected in vegetables to be traded across the line. The European Commission immediately informed the Turkish Cypriot Chamber of Commerce of these incidents. According to the latter measures will be undertaken to prevent similar incidents in future.
Still existing obstacles and difficulties concerning the movement of goods
Obstacles to trade across the Green Line continue to persist. As reported in the previous report, the issue of Turkish Cypriot lorries crossing into the government-controlled areas is not yet satisfactorily solved. In the view of the Commission, the liberalisation of circulation of commercial Turkish Cypriot vehicles would contribute to the economic development of the Turkish Cypriot community. However, the Republic of Cyprus authorities have expressed inter alia concerns as to aspects of road safety, but have also indicated their willingnes to cooperate with the Commission to search for a viable solution
No progress can be reported either with regard to other trade. As in previous years, Turkish Cypriot traders continued to report difficulties in having their products stocked in shops and advertising their products and services in the press in the government-controlled areas. These difficulties reflect a widespread reluctance among Greek Cypriots to purchase Turkish Cypriot branded products and as such continues to constitute a psychological barrier to trade. However, trade between the two communities other than Green Line trade is several times higher but reliable figures were not available for the reporting period. Smuggling of goods across the Line has further decreased but remains widespread reflecting the geographical nature of the Line which lends itself to clandestine activity along its whole length. Control operations take place in areas near the Line in order to tackle particular mainly seasonal issues such as the transportation of game/wild birds or fire crackers (also via the ESBA) to the government-controlled areas. Other items seized include cigarettes, alcohol, commercial quantities of fresh fish and snails as well as counterfeit textiles. However, according to Republic of Cyprus authorities, the volume of smuggling decreases due to reduced price differentials. CYPOL as well as ESBA patrols along the Line are dual function: anti-smuggling as well as irregular immigration controls. The number of criminal cases filed in district courts for smuggling was 12 in 2008, 11 in 2009 and 9 in 2010 (during the current reporting period). It was noted that smuggling of cigarettes increased in December 2010 when cigarettes prices in the government-controlled areas were increased by 50 Euro Cents.
Most goods were detected at authorized crossing points: Pyla, SBA, buffer zone near Zodia and Potamia.
Concerning the traditional supply of the Turkish Cypriot population of the village of Pyla, located in the Buffer Zone (Art 4 (10) GLR), the quantities of construction materials, fish, cigarettes etc. are monitored and recorded by the SBA administration.
Facilitation of trade
The Commission continues to seek ways of enhancing trade across the Green Line. A Commission decision lifting the prohibition of the Green Line regulation to allow trade in additional new agricultural products, with the main focus being on dairy products (milk and cheese, yoghourt, whey), could be envisaged once the necessary conditions laid down in the recommendations of the assessment missions carried out by independent experts have been fulfilled. Other products for which the Turkish Cypriot Chamber of Commerce has indicated interest are pomegranates, fish from fish farms and snails.
During the reporting period, the Commission has also started the procedure for an amendment to the implementing rules[15] of the GLR to lift the obligation that potatoes must be grown directly from certified seed potatoes. This would allow trade of potatoes produced from farm saved seeds grown as the first offspring of certified seed potatoes under the control of the independent phytosanitary experts appointed by the Commission to provide the necessary assurance with regard to the identity and the health status.
Conclusions
As already stated in previous reports, control of the Green Line at the authorised crossing points is satisfactory. During the reporting period the number of apprehended irregular immigrants seems to confirm a downward trend but the irregular crossing of third country nationals still remains an area of concern. The Commission assesses that further strengthening of the surveillance of the Line between the crossing points conducted by the Republic of Cyprus and the Sovereign Base Area Administration would be important to help tackle the problem of irregular migration. The Republic of Cyprus remains careful to avoid any measures which could lead to the Line taking on the appearance of an external border.
The unauthorised crossing points in the SBA areas remain an area of concern. As was already stressed in previous reports, this issue needs to be urgently addressed by the SBA.
During the current reporting period the value of trade across the Line slightly decreased for the second time in a row time since the coming into force of the GLR in 2004 (by 1.5% down to €3,861,834 compared to €3,920,930 in the previous equivalent period) since the global economic crisis is still affecting also the Cypriot economy. Another reason for this decrease is the fall-out in the potato trade. Excluding the trade in potatoes Green Line trade was stable. The most traded products were stone articles, fresh fish and building materials. The overall scale of Green Line trade still remains limited, in part due to the restricted scope of the Regulation itself.
During the reporting period, certain obstacles to trade remained. Turkish Cypriot commercial vehicles, in particular lorries above 7.5 tonnes and buses, can only move freely across the whole island if driving licences and roadworthiness certificates are obtained in the government controlled areas. No further progress can be reported yet with regard to other non-tariff trade barriers.
Finally, it appears that smuggling of goods across the Line has decreased but still remains widespread.
The overall conclusion is that the Green Line Regulation continues to provide a workable basis for allowing the passage of persons and goods to and from the government-controlled areas of the Republic of Cyprus. The Commission will continue to monitor the implementation of the Regulation.
[1] OJ L 161, 30.4.2004, p. 128. Regulation as last amended by Council Regulation (EC) No 587/2008 (OJ L 163, 24.6.2008, p.1) – known as the "Green Line" Regulation.
[2] See 3rd recital of the Green Line Regulation
[3] Crossing points as indicated in annex 1 of the Green Line Regulation
[4] The authorities of the Republic of Cyprus do not keep records for the return of Greek Cypriots to the government-controlled areas or the return of Turkish Cypriots to the northern part of Cyprus (see Annex VII).
[5] The GLR does not contain reporting obligations for this traffic.
[6] No figures were available on an eight months basis for May to December 2009
[7] Several persons who entered the government controlled areas during the previous reporting period were granted refugee status during the current reporting period
[8] i.a: Turkey: 721, Canada: 51, Ukraine: 24, USA: 23, Australia: 12, Russia:10, Iran:7, Jordan:7
[9] China: 3, Nigeria: 3, India: 2, Pakistan:1, Bangladesh: 1, Nepal: 1, Iran: 1, Turkey: 1
[10] OJ L 236, 23.9.2003, p. 940
[11] Commission Regulation (EC) No 1480/2004 of 10 August 2004, OJ L 272, 20.8.2004, p. 3.
[12] See Annexes I, II and III of this report
[13] 0.06% of Republic of Cyprus total imports (6,461 million in 2010, source Statistical Service of Cyprus)
[14] See Annexes IV and V of this report
[15] Article 3(1) Commission Regulation (EC) 1480/2004 of 10 August 2004.